SB 351: Banning Educators with “Gender Disorders”

SB 351 would prohibit school districts in Kentucky from hiring anyone who has undergone treatment for, or is currently undergoing treatment for any conditional listed in the 1987 Diagnostic and Statistical Manual of Mental Disorders three. This includes pyromania, kleptomania, and “gender disorders”. This bill would ban transgender and gender non-conforming educators in the state.

1. How does this legislation impact the wellbeing of Kentucky’s 660,000 public school students? 

There is a longstanding link between the wellbeing of educators, and the quality of instruction received by students. The act of filing a piece of legislation targeting a small group of educators is, in itself, a threat to the wellbeing of those educators, let alone if this bill moves through the legislature. 

We do not have concrete or reliable statistics indicating how many educators would be disqualified from teaching if SB 351 were to pass, nor do we have a full understanding of how these classifications, and employment decisions would be made. Therefore, the full extent of the destabilization in classrooms is unknown, though we know any disruption to existing classroom dynamics and student-educator relationships can harm school climate. 

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2. Is this legislation in-line with the 7 capacities of a constitutionally adequate education as defined by the Kentucky Constitution? 

The 7 capacities specifically address the student experience, and a student's intellectual, social, and emotional capabilities upon graduating. While not explicitly dealing with the educator experience, implicit in the provision of a quality education is the immense role that educators play. 

For a student to feel safe, supported, and emotionally nurtured, they must learn in an environment where that feeling is universal, including amongst educators. Educators who themselves do not have the support to feel they can be their authentic selves in the classroom will struggle to cultivate an environment where their students feel that they are. 

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3. What is the broader impact of this legislation on Kentucky public schools, including on educators, parents, and other education stakeholders? 

The impact of SB 351 on educators is clear. The state legislature is setting a precedent that it can determine what immutable characteristics are acceptable and unacceptable in the hiring process for educators. The state legislature would be telling districts who have educators with the conditions listed under the DSM3 that they can no longer employ those educators, regardless of any other behavioral or performance factor. 

This is a dangerous precedent that follows coinciding efforts by the state legislature to exert further state control over local school districts in Kentucky. Parents, educators, students, and community members know what is best for their schools, not politicians in Frankfort.